3min chapter

Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

MAGA SCOTUS Is Back

Amicus With Dahlia Lithwick | Law, justice, and the courts

CHAPTER

The Major Questions Doctrine Is Completely Made Up

John Roberts implanted this theory in King v. Burwell the 2015 decision upholding tax credits under Obamacare in states that hadn't set up their own exchanges and so he wrote the decision as a precursor to the major questions doctrines. Now here we are and every single one of these decisions cites back to King v.Burwell, Dalia says. "It really does seem you know as a law professor who wants to teach new lawyers this is just one more thing on top of the very depressing list of things"

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